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Case Law Details

Case Name : National Insurance Co. Ltd Vs Alok Kumar Sur & Anr (Calcutta High Court)
Appeal Number : FMA 1068 of 2017
Date of Judgement/Order : 12/03/2024
Related Assessment Year :
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National Insurance Co. Ltd Vs Alok Kumar Sur & Anr (Calcutta High Court)

Calcutta High Court held that Held that there cannot be enhancement of compensation amount in an appeal filed by the insurance company challenging the compensation granted by the learned Tribunal in the absence of cross-objection of the claimants.

Facts- Due to an accident, victim suffered multiple fractures. As a result of the injuries sustained in the said accident, the victim became permanent partially disabled to move and work as before. In relation to the injuries sustained in the said accident and the subsequent disablement, the victim filed application for compensation of Rs.7,21,395/-together with interest u/s. 166 of the Motor Vehicles Act, 1988.

Upon considering the materials on record and the evidence adduced by the claimant, the learned Tribunal granted compensation of Rs.11,44,937/- together with interest in favour of the claimant u/s. 166 of the Motor Vehicles Act. 1988.

Being aggrieved by and dissatisfied with the impugned judgment and award of the learned Tribunal, the insurance company has preferred the present appeal.

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